Debtor Fails to Attend Examination Ontario: Contempt and Form 20J

When the Debtor Ignores Your Examination Notice

You filed the Notice of Examination (Form 20H), paid the $68 fee, served the debtor with attendance money at least 30 days before the hearing date, and filed proof of service at least 3 days before the examination. The debtor didn't.

A no-show at an examination hearing isn't just rude — it's a violation of a court-issued notice. Ontario Small Claims Court has real teeth for this: contempt proceedings that can result in a warrant of committal and up to 5 days in jail.

Confirm Service Was Proper First

Before pursuing contempt, make sure your service was bulletproof. The court will ask:

• Was Form 20H served personally on the debtor (or by an accepted alternative)?
• If the debtor is an individual, was the blank Financial Information Form (Form 20I) included with service?
• Was attendance money included — $11 per day plus travel allowances at provincial kilometre rates?
• Was service completed at least 30 days before the hearing date, and was proof filed at least 3 days before the examination?

If any of these elements are missing, the contempt motion will fail. The debtor's lawyer or paralegal (if they have one) will immediately challenge service, and the court will reschedule rather than proceed with contempt.

Keep your Affidavit of Service (Form 8A) carefully documented — it's your proof that the debtor was properly notified.

Filing the Contempt Motion

If service was proper and the debtor didn't show, ask the court to order a contempt hearing under Rule 20.11(2) and section 30(1) of the Courts of Justice Act. If the court orders a hearing, the clerk provides the notice. You must personally serve it on the debtor and file proof of service at least 7 days before the hearing. If a separate Form 15A motion is required to request the order, its filing fee is $127 under O. Reg. 332/16.

At the contempt hearing, present the examination notice, proof of service, attendance-money evidence, and the debtor's failure to appear. Form 20J is the Warrant of Committal, and Form 20K is the Identification Form; they are used if the judge orders committal, not to request a contempt hearing.

What the Court Can Do

If the judge finds the debtor in contempt, Rule 20.11 gives the court broad authority:

• Order the debtor to attend a new examination — the most common outcome for a first no-show
• Order imprisonment for up to 5 days
• Make any other order the judge considers necessary or just

If committal is ordered, the clerk issues Form 20J, the Warrant of Committal. The creditor may file Form 20K, the Identification Form, to help police identify the debtor.

But even the first contempt motion sends a powerful signal. Many debtors who ignored Form 20H suddenly find time for the rescheduled examination when they're facing a contempt hearing. The prospect of a warrant changes the calculus.

Contempt for Refusing to Answer or Produce Documents

Contempt isn't limited to no-shows. If the debtor attends the examination but:

• Refuses to answer questions under oath
• Fails to bring required financial documents (tax returns, bank statements, pay stubs)
• Provides obviously false or evasive answers
• Fails to complete Form 20I (Financial Information Form)

the presiding judge can find them in contempt on the spot. The same sanctions apply — a rescheduling order, a warrant, or imprisonment.

Financial records produced during the examination are protected by the implied undertaking doctrine (you can only use them for enforcement), so the debtor has no privacy justification for withholding them.

The Strategic Calculation

If a separate Form 15A motion is required, the filing fee is $127, plus the time and cost of attending court. Is it worth it?

If the debtor is avoiding the examination because they have assets they don't want you to discover — yes. The contempt motion forces them into the room, and the examination gives you the information you need to garnish or seize.

If you suspect the debtor is genuinely unreachable (moved out of province, left the country), the contempt motion probably won't help. You can't arrest someone who isn't in Ontario. In that case, consider interprovincial enforcement or registering a land writ that catches the debtor if they return to buy property.

For the full contempt procedure and examination question scripts, see our Ontario judgment enforcement guide.

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